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U.S. Code as of:
01/19/04
Section 14052. Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons
(a) Declaration of policy
It is the policy of the Federal Government that the use or
distribution of illegal drugs in the Nation's Federal prisons will
not be tolerated and that such crimes shall be prosecuted to the
fullest extent of the law.
(b) Sentencing guidelines
Pursuant to its authority under section 994 of title 28, the
United States Sentencing Commission shall amend its sentencing
guidelines to appropriately enhance the penalty for a person
convicted of an offense -
(1) under section 844 of title 21 involving simple possession
of a controlled substance within a Federal prison or other
Federal detention facility; or
(2) under section 841(b) of title 21 involving the smuggling of
a controlled substance into a Federal prison or other Federal
detention facility or the distribution or intended distribution
of a controlled substance within a Federal prison or other
Federal detention facility.
(c) No probation
Notwithstanding any other law, the court shall not sentence a
person convicted of an offense described in subsection (b) of this
section to probation.
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